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Law Talk

Legal Maxims

cestui que trust : one who possesses equitable rights in property.

Fumus boni iuris : presumption of sufficient legal basis.

pendente lite : during litigation.

ex post facto : with retroactive affect or force; in light of subsequent events.

obiter dictum : a judicial comment made while delivering a judicial opinion; but one that is unnecessary to the decision in the case and therefore not precedental

in limine : at the outset.

per incuriam : (of a judicial decision) wrongly decided, usually because the judge or judges were ill-informed of the applicable law

ad interim : in the meantime; temporarily.

locus poenitentiae: the opportunity of withdrawing from a projected contract, before the parties are finally bound.

mala fide : dishonesty of belief or purpose.

Tout ce que la loi ne defend pas est permis : Everything is permitted, which is not forbidden by law.

void ab initio : null from the beginning.

per se: in itself

ex facie : on the face of it; evidently; apparently.

ad hoc : formed for a particular purpose.

bona fide : made in good faith; without fraud or deceit; sincere; genuine.

inter vivos : of or relating to property conveyed not by will or in contemplation of an imminent death, but during the conveyor’s lifetime.

Coram Non Judice : Before a judge or court that is not the proper one or that cannot take legal cognizance of the matter.

mutatis mutandis : all necessary changes having been made; with the necessary changes.

pari passu : proportionally; at an equal pace; without preference.

onus probandi : burden of proof.

non est factum : a plea that a written agreement is invalid because the defendant was mistaken about its character when signing it.

Corpus Juris : A body of law; a comprehensive collection of the law of a country.

per contra : on the contrary.

falsus in uno, falsus in omnibus : the testimony of a witness should not be believed if some material fact is omiited during his/her examination in chief. "False in one (material) aspect renders falsity overall."

nullum crimen sine lege: there is no punishment for a crime without pre-existing law.

res judicata: no court shall try any suit or issue in which the matter, was directly or indirectly and substantially in issue in a former suit between the same parties and/or their representatives.

res sub judicia: no court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties of their representatives.

donatio mortis causa : Death Bead Gift ,The donor, contemplating imminent death, declares words of present gifting and delivers the gift to the donee or someone who clearly takes possession on behalf of the donee. The gift becomes effective at death but remains revocable until that time

novus actus interveniens: new intervening act. A rule concerning the law of Causation, where a causal link is broken by a new intervening act.

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